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Madras High CourtWP/29629/2023disposed of

S.Parthiban v. The Commissioner

2023-10-12Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.10.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY S.Parthiban ..

Petitioner Vs.

1. The Commissioner The Greater Chennai Corporation Ripon Building, Chennai - 600 003.

2. The Zonal Officer Zone No.10, The Greater Chennai Corporation No.64, N.S.K.Salai, Kodambakkam Chennai.

3. V.N.Ravi Trust Rep. by its Trustee V.N.Ravi No.8/43, Narayanasamy Street Virugambakkam, Chennai - 600 087.

..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the respondents 1 and 2 to remove the encroachment at Burial Ground situated at Zone No.X, Division No.29, Ward No.128 of Greater Corporation of Chennai, made by the third respondent by considering the petitioner's representation dated 20.07.2023 within a time stipulated by this Court and inform about the same.

For the Petitioner : Mr.A.Ilaya Perumal For the Respondents : Mr.E.C.Ramesh Standing Counsel for R1 & R2

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.A.Ilaya Perumal, learned counsel for the petitioner and Mr.E.C.Ramesh, learned Standing Counsel for respondents 1 and 2.

2. We fail to understand the purpose of filing the present writ petition. The Corporation has issued notice on 20.07.2023. Without waiting for a reasonable period, the present petition is filed. We cannot encourage such litigation.

4. The Corporation has already initiated action. The Corporation may proceed ahead and take further steps in accordance with law.

5. In view of that, the writ petition stands disposed of. There will be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 12.10.2023 Index :

Yes/No :

Yes/No drm To

1. The Commissioner The Greater Chennai Corporation Ripon Building, Chennai - 600 003.

2. The Zonal Officer Zone No.10, The Greater Chennai Corporation No.64, N.S.K.Salai, Kodambakkam Chennai.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(drm) 12.10.2023